1-1 AN ACT
1-2 relating to the creation of a durable medical equipment and
1-3 assistive technology listing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 7, Human Resources Code, is amended by
1-6 adding Chapter 116 to read as follows:
1-7 CHAPTER 116. DURABLE MEDICAL EQUIPMENT AND ASSISTIVE TECHNOLOGY
1-8 LISTING
1-9 Sec. 116.001. DEFINITION. In this chapter, "commission"
1-10 means the Texas Rehabilitation Commission.
1-11 Sec. 116.002. DURABLE MEDICAL EQUIPMENT AND ASSISTIVE
1-12 TECHNOLOGY LISTING. (a) The commission shall establish a listing
1-13 to facilitate the reuse of durable medical equipment and assistive
1-14 technology.
1-15 (b) The commission shall maintain a toll-free telephone
1-16 number to list items of durable medical equipment and assistive
1-17 technology that are available for donation. The commission shall
1-18 refer individuals with items of durable medical equipment and
1-19 assistive technology that are available for donation to an
1-20 organization licensed under Chapter 432, Health and Safety Code, to
1-21 distribute salvaged merchandise.
1-22 (c) The commission shall design a sticker that contains an
1-23 informative statement about the durable medical equipment and
1-24 assistive technology listing and the toll-free telephone number for
2-1 the listing and that may be affixed to durable medical equipment or
2-2 assistive technology.
2-3 (d) The commission shall provide the stickers described by
2-4 Subsection (c) to each retailer of durable medical equipment or
2-5 assistive technology in the state.
2-6 (e) Before an item of durable medical equipment or assistive
2-7 technology is sold to a consumer other than a hospital or other
2-8 health care provider, the retailer shall affix the sticker
2-9 described by Subsection (c) to the item.
2-10 (f) Chapter 2175, Government Code, does not apply to any
2-11 equipment listed in the durable medical equipment and assistive
2-12 technology listing under this chapter.
2-13 (g) Subsection (e) does not apply to orthotic or prosthetic
2-14 devices. A retailer of orthotic or prosthetic devices shall
2-15 prominently display in the retailer's place of business the
2-16 information to be included on the sticker described by Subsection
2-17 (c).
2-18 Sec. 116.003. LOCAL ORGANIZATION. (a) The commission shall
2-19 encourage the establishment of local organizations to facilitate
2-20 the reuse of durable medical equipment and assistive technology.
2-21 (b) The commission shall provide information to local
2-22 organizations about the license required under Chapter 432, Health
2-23 and Safety Code, to distribute salvaged merchandise.
2-24 Sec. 116.004. AUTHORITY TO CONTRACT. The commission may
2-25 contract with local organizations and other state agencies to
2-26 facilitate the reuse of durable medical equipment and assistive
2-27 technology.
3-1 Sec. 116.005. DURABLE MEDICAL EQUIPMENT AND ASSISTIVE
3-2 TECHNOLOGY OWNED BY THE STATE. The commission shall ensure that
3-3 any durable medical equipment or assistive technology owned by the
3-4 state listed with the durable medical equipment and assistive
3-5 technology listing that is donated be donated to a nonprofit
3-6 organization licensed under Chapter 432, Health and Safety Code,
3-7 for distribution to indigent individuals.
3-8 Sec. 116.006. LISTING AVAILABILITY ON THE INTERNET. The
3-9 commission shall make the durable medical equipment and assistive
3-10 technology listing available to the public through the Internet.
3-11 Sec. 116.007. RULES. The commission may adopt rules to
3-12 administer this chapter.
3-13 SECTION 2. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 607 was passed by the House on May 7,
1997, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 607 on May 29, 1997, by the following vote:
Yeas 142, Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 607 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor